- Government
Gazette 15375
-
STATE
PRESIDENT'S
OFFICE No.
2477.
-
29
December
1993
-
- It
is hereby
notified that
the
Acting
State
President
has
assented
to the
following
Act which
is hereby
published
for general
information:-
-
No.
187
of
1993: Regional
Industrial
Development
Act, 1993.
-
- ACT
-
- To
establish
the Regional
Industrial
Development
Board;
to provide
for the
establishment
of programmes
for regional
industrial
development;
and to
provide for
matters
incidental
thereto.
-
- (English
text
signed
by the
Acting State
President.)
(Assented
to 14
December
1993.)
-
- BE
IT ENACTED
by the
State
President
and the
Parliament
of the
Republic
of South
Africa, as
follows:-
-
- Definitions
-
- 1.
In this
Act, unless
the
context
otherwise
indicates-
-
- (i)
"Board"
means
the
Regional
Industrial Development
Board
established
by section
2;
(viii)
-
- (ii)
"Chairman"
means
the
Chairman
of the
Board;
(x)
-
- (iii)
"committee"
means a
committee
referred
to in
section
8; (iv)
-
- (iv)
"concession"
means
any assistance
given
to an
industrialist
in the
form
of a
subsidy
or rebate
in accordance
with
a programme;
(v)
-
- (v)
"Department"
means
the
Department
of Regional
and Land
-
Affairs;
(ii)
-
- (vi)
"Director-General"
means
the Director-General:
Regional
and
Land
Affairs or
his authorized
representative;
(iii)
-
- (vii)
"Executive
Committee"
means
the
Executive
Committee
referred
to in
section
3; (ix)
-
- (viii)
"incentive"
means a
cash amount
granted
to an
industrialist
-
in
accordance
with a
programme;
(i)
-
- (ix)
"Minister"
means
the
Minister
of Regional
and
Land Affairs;
(vi)
-
- (x)
"programme"
means
any programme
established
under
section
-
10
or deemed
to have
been so
established.
(vii)
Establishment
and composition
of Board
-
2.
(1)
There
is hereby
established
a juristic
person
to be
known
as the
-
Regional
Industrial
Development
Board.
-
- (2)
The members
of the
Board
shall be
appointed
by the
Minister
by notice
in the
Gazette
and
shall
consist
of-
-
- (a)
a Chairman
designated
by the
Minister;
(b) an
official
of-
-
(i)
the Department
designated
by the
Director-General;
-
- (ii)
the
Department
of Trade
and
Industry designated
by the
-
Director-General:
Trade
and
Industry;
-
- (iii)
the
Department
of State
Expenditure
designated
by the
-
Director-General:
State Expenditure;
-
- (iv)
the
Department
of Finance
designated
by the
Director-
General:
Finance;
-
- (c)
nine members
designated
by the
Minister
who in
his opinion
have
adequate
expertise, knowledge
or experience
with regard
to
trade,
industry
or the
economy,
as well
as the
developmental
problems
and
potential
of the
Republic, to
represent
and promote
the
interests
of the inhabitants
of the
Republic.
-
- (3)
The
Minister
may,
before designating
the
members
referred
to in
paragraph (c)
of subsection
(2), consult
any organization
or body
which in
his opinion
represents the
interests
referred
to in
that
paragraph.
-
- Executive
Committee
-
- 3.
(1) The
Board
may
appoint
an
Executive
Committee,
consisting
of the
Chairman
and not
more
than two
members
designated
by the
Board from
the members
referred
to in
section
2(2)(c), to
perform
such
functions
as the
Board may
from
time
to time
determine.
-
- (2)
The Chairman
shall
act
as chairman
of the
Executive
Committee.
-
- (3)
Any resolution
taken
by the
Executive Committee
shall
be
subject
to ratification
by the
Board
at the
next
ensuing meeting
of the
Board.
-
Objects
of Board
-
- 4.
The objects
of the
Board
shall be
to promote
industrial
growth
by
-
way
of
incentives
or concessions
with
due
regard
to regional
requirements
within
the framework
of the
economic
policy
of the
Republic.
-
- Functions,
powers
and duties
of Board
-
5.
(1) The
Board
shall
formulate
recommendations
on policy
in
respect
of all regional
industrial development
programmes
and shall
submit
such recommendations
to the
Minister
for
approval. -
- (2)
The Board
may-
-
- (a)
with
the approval
of the
Minister,
and shall,
by direction
of the
Minister,
develop,
manage,
administer
and
implement
any
regional
industrial development
programme
established
in terms
of section
10 or
deemed
to have
been so
established,
including
any
matter
referred to
in section
21ter
of the
Income
Tax Act,
1962
(Act No.
58 of
-
1962);
-
- (b)
advise
the Minister
on any
proposed
amendment
or adjustment
of any
programme;
-
- (c)
with
due regard
to all
rules, regulations,
instructions
and directives
of the
Public
Service
and the
Treasury,
make
recommendations
to the
Director-General
in respect
of the
-
conclusion,
amendment
or cancellation
of any
agreement
between the
-
Department
and
any
industrialist;
-
- (d)
for
a specific
purpose
and on
such conditions
and
for such
period
as it
may
determine,
co-opt
any person
as a
member
of the
Board:
Provided
that a
co-opted
member
of the
Board
may
not
participate
in any
decision-making
of the
Board;
-
- (e)
accept,
amend
or reject
any
recommendation
of a
committee
or refer
it back
to such
committee
for further
investigation;
-
- (f)
determine
the acts
in respect
of which
assistance
may
be granted
in terms
of a
programme;
-
(g)
determine
the
prerequisites
for
assistance
in terms
of a
programme;
(h) determine
the
basis
on which
incentives
or
concessions
may
be paid
-
in
terms
of a
programme.
-
- (3)
The Board
shall-
-
- (a)
execute
any instruction
from
the
Minister
in respect
of the
management
of a
programme;
-
(b)
investigate
or
cause
to be
investigated
any irregular
conduct
by an
industrialist in
respect
of incentives
or concessions
and, if
after
such
investigation
it appears
necessary,
institute
legal
proceedings
or
cause
legal
proceedings
to be
instituted
against
such
-
industrialist;
-
- (c)
constantly
monitor
every
programme
in
order
to evaluate
whether the
objects
of such
programme
are being
achieved;
-
- (d)
before
the end
of March
each year
submit
to the
Minister
a report
in respect
of its
activities
during
the previous
year.
-
- (4)
The
Board shall
have the
power to-
-
- (a)
institute
or defend
legal
proceedings
or cause
legal
proceedings
to be
instituted
or
defended;
-
- (b)
decide
whether
or not
to claim
any amount
in the
light
of the
finding
of an
investigation
referred
to in
section 11(2);
-
- (c)
grant, amend
or withdraw
any incentive
or reduced
incentive
in accordance
with
a Board
resolution
in that
regard:
Provided that
for such
purposes
the Board
shall
be
bound by
the
provisions
of the
programme
in question
and any
relevant
directives
and
guidelines
issued by
the Cabinet:
Provided further
that the
provisions
of subsection
(2)(c) shall
mutatis
mutandis
apply
in respect
of any
-
such
grant, amendment
or withdrawal.
-
- Tenure
of office,
duties
and remuneration
of members
of Board
-
- 6.
(1) (a)
A member
of the
Board
shall-
-
- (i)
subject to
the
provisions
of paragraph
(b), attend
all meetings
of the
Board;
-
- (ii)
declare to
the Board
any
personal
interest
in any
industrialist
or programme;
-
- (iii)
at all
times
remain
objective
and neutral
during the
proceedings
of the
Board.
-
- (b)
If a
member
of the
Board is
unable
to attend
a Board
meeting,
such
member
shall
before
or on
the date
of any
such
meeting
inform
the Secretary
of the
Board
of his
absence:
Provided that
if a
member
of the
Board is
-
absent
for three
consecutive
meetings
without
a reason
acceptable
to the
-
Chairman,
the Chairman
may
request the
Minister
to relieve
such
member
from
office in
terms
of subsection
(3)(c).
-
- (2)
(a)
The
Minister
may
appoint
an alternate
member
for each
member
of the
Board, excluding
the
Chairman,
and for
the purposes
thereof
the
provisions
of section
2(2)
and (3)
shall
apply mutatis
mutandis.
-
(b)
An alternate
member
shall by
direction
of the
member
concerned,
attend meetings
of the
Board
on behalf
of such
member,
and
for the
purposes
thereof
the
provisions
of subsections
(1) and
(3) and
section
12 shall
-
apply
mutatis
mutandis.
-
- (3)
(a)
A member
of the
Board shall
remain
in office
for such
period and
subject to
such conditions
as the
Minister
may
determine
and
may
be reappointed
after his
term
of office
has expired.
-
- (b)
If a
member
of the
Board
dies,
resigns
or is
relieved
from
office
-
in
terms
of paragraph
(c)
before the
expiration of
the period
for
which he
was
appointed,
the
Minister
may,
subject to
the
provisions
of section
2(2) and
(3), appoint
a person
to fill
the
vacancy
for
the unexpired
portion
of the
period
for
which such
member
was appointed.
-
- (c)
The Minister
may
relieve
any member
of the
Board from
office
if in
his opinion
there are
sound
reasons therefor.
-
- (4)
Each member
of the
Board
or a
committee
of the
Board,
including
alternate
or co-opted
members,
but excluding
members
in the
full-time
employment
of the
State, may
be paid
such salary,
other
remuneration
and
allowances
as the
Minister,
with the
concurrence
of the
Minister
of State
Expenditure,
may
determine
from
time
to time.
-
- Meetings
of Board
-
- 7.
(1) The
first meeting
of the
Board
shall
be held
on such
date and
at such
time
and
place
as the
Minister
may
determine
by notice
in the
Gazette,
and subsequent
meetings
of the
Board
shall be
held on
such dates
and at
such
times
and
places
as the
Board may
determine
from
time
to time:
Provided
that
the
Board
shall meet
at least
four times
every
year.
-
- (2)
Seven members
of the
Board shall
form
a quorum
for a
meeting
thereof.
-
- (3)
A resolution
adopted
by a
majority
of the
members
of the
Board present
at a
meeting,
constitutes
a resolution
of the
Board.
-
- (4)
No decision
taken
by the
Board
or act
performed
under
authority of
the Board
shall
be
invalid
by reason
only of
a temporary
vacancy
on the
Board or
of the
fact
that a
person
who
is not
entitled
to sit
as a
member
-
of
the
Board
sat as
a member
at the
time
when the
decision
was
taken
or the
-
act
was
authorized,
if the
decision was
taken
or the
act
was
authorized
by the
requisite
majority
of the
members
of the
Board
who were
present
at the
time
and
entitled
to sit
as
members.
-
- (5)
The Board
shall
elect
one
of its
members
as
vice-chairman.
-
- (6)
The Chairman
or, in
his absence,
the
vice-chairman
shall
preside
at all
meetings
of the
Board:
Provided
that should
both
the
Chairman
and the
vice-chairman
be
absent
from
a meeting,
the
attending
members
shall nominate
one
of their
number
as
acting chairman
for that
meeting.
-
(7)
Minutes
of all
Board
meetings
shall be
kept
and submitted
to the
subsequent
meeting
of the
Board
for
approval.
-
- Committees
-
- 8.
(1) The
Chairman
of the
Board
may
on the
recommendation
of the
Board
nominate
one
or more
committees,
which
shall,
subject
to the
instructions
-
of
the Chairman,
perform
such
functions
as the
Board
may
determine.
-
- (2)
A committee
may
consist
of members
of the
Board
or of
such
members
and any
other person
or persons.
-
- Delegation
-
- 9.
(1)
The
Board
may,
subject
to such
conditions
as it
deems
necessary,
delegate
any power
entrusted
to it
by this
Act,
or any
duty
assigned to
it
-
by
the Minister-
-
- (a)
to one
or more
of its
members,
the
Executive
Committee
or a
committee;
or
-
- (b)
with the
approval of
the Director-General,
to any
officer
of the
-
Department
holding
the
rank
of Director
or a
higher
rank:
-
- Provided
that any
action
or decision
taken
by three
or fewer
of such
members
under such
delegated
authority
shall
be ratified
by the
Board.
-
- (2)
The fact
that
a power
or duty
has been
delegated
under
subsection
(1), does
not prohibit
the
Board from
exercising
such
power or
performing
such
duty
itself.
-
- Programmes
for regional
industrial development
-
- 10.
(1) In
order to
promote
and
support regional
growth
and
development
within
the framework
of the
economic
policy
of the
Republic, the
Minister may,
taking
into account
regional
needs,
on the
recommendation
of the
Board and
with
the
concurrence
of the
Cabinet,
by notice
in the
Gazette
-
establish,
amend,
revoke
or substitute
a programme
for regional
industrial development
in terms
of which
assistance
from
funds
appropriated
annually
by
Parliament
for this
purpose,
may
be granted
to industrialists
by way
of incentives
or
concessions.
-
- (2)
The Minister
may
in the
notice referred
to in
subsection
(1)- (a)
set
out
the objects
of the
programme;
and
-
(b)
in
general,
make
provision
for
any
other
matter
which
in his
opinion
is necessary
or expedient
in order
to
promote
or attain
the
objects
of the
programme:
Provided
that
paragraph
(a) shall
not be
so
construed as
to limit
the
generality
of this
paragraph.
-
(3)
The Regional
Industrial Development
Programme
of 1982,
the Regional
Industrial
Development
Programme
of 1991
and the
Simplified
Regional
Industrial
Development
Programme
of 1993
shall be
deemed
to have
been instituted
under
the
provisions of
this
Act and
to be
in force
as such.
-
- Investigating
officers
-
- 11.
(1) The
Director-General
may
at the
request
of the
Chairman
appoint
in writing
an officer
of the
Department
or, with
the approval
of the
Minister,
any
other person
as an
investigating
officer
for the
purposes of
this Act.
-
- (2)
An investigating
officer appointed
in terms
of
subsection
(1) may-
(a) perform
any investigation
for the
purposes
of section
5(3)(b);
-
(b)
perform
any
investigation
with
a view
to obtaining
information
which
is necessary
in order
to
establish
whether
an industrialist
qualifies
for the
grant
of an
incentive
or concession
in accordance
with
any
programme
instituted
in terms
of this
Act, or
deemed
to have
been instituted
in terms
of this
Act;
-
- (c)
investigate
any matter
assigned
to him
by the
Director-General
at the request
of the
Board and
which
is necessary
for the
promotion
of the
objects
of this
Act.
-
- (3)
An investigating
officer appointed
under
subsection
(1), may
on presentation
of his
written appointment
referred to
in
subsection
(1), for
the purposes
of such
investigation
and,
without
prior
notice
enter any
-
premises
at any
reasonable
time
and confiscate
any
commodity,
book,
record,
-
fixed
asset, raw
material,
stock, finished
product or
other
article
connected
with
the investigation.
-
- (4)
The provisions
of sections
6(4) and
12 shall
apply mutatis
mutandis
to investigating
officers.
-
- Secrecy
-
- 12.
(1) A
member
of the
Board,
including
a member
of the
Executive
Committee
or a
committee,
shall
not
disclose
confidential
information
which he
obtained
in the
performance
of his
functions,
except-
-
- (a)
when
required
to do
so by
order of
a court
of law;
-
- (b)
to any
competent
authority
which
requires
it for
the institution,
or for
an investigation
with a
view to
the
institution,
of any
criminal
prosecution;
-
- (c)
with
the
approval of
the Board.
-
- (2)
Any person
who contravenes
subsection
(1)
shall
be
guilty
of an
offence and
liable
on conviction
to a
fine, or
to imprisonment
for
a
-
period
not exceeding
12 months.
-
- Agreements
entered
into
before commencement
of Act
-
- 13.
Any agreement
entered
into
in accordance
with a
programme
before
the commencement
of this
Act by
a board
with functions
similar
to those
of the
Board established
under
this Act
or by
the
Department,
as the
case may
be, in
respect
of
assistance
by means
of
incentives
or concessions,
and any
other arrangements
made
by virtue
of such
an agreement,
shall
be
deemed
to have
been entered
into
and made
under
the
provisions
of this
Act.
-
- Secretarial
functions
-
- 14.
(1) The
secretarial
work connected
with
the
functions
of the
Board
shall,
subject to
the directives
of the
Chairman
or any
other member
of the
Board designated
by the
Board, be
performed
by officers
of the
Department
designated
by the
Director-General.
-
- (2)
The Director-General
shall
appoint
one of
the officers
referred to
in subsection
(1) as
Secretary'
of the
Board.
-
- Regulations
-
- 15.
The Minister
may
issue regulations
regarding
any matter
which
shall or
may
be prescribed
in terms
of this
Act,
and, in
general,
with
regard
to any other
matter
which he
deems
it necessary
or expedient
to prescribe
in order
to achieve
or promote
the
objects
of this
Act.
-
- Short
title
-
- 16.
This Act
shall be
called the
Regional
Industrial
Development
Act,
-
1993.
|
